HomeMy WebLinkAboutMay 27, 1986OFFICIAL PROCEEDINGS
REGULAR COUNCIL MEETING
COLUMBIA HEIGHTS CITY COUNCIL
MAY 27, 1986
The meeting was called to order by Mayor Nawrocki at 7:30 P.M..
1. Roll Call
Paulson, Petkoff, Carlson, Peterson, Nawrocki - present
2. Invocation
There no invocators available.
3. Minutes of Previous Meetings
Motion by Petkoff, second by Paulson to approve the minutes of the Public Hearing
of May 5th, and the Regular Council Meeting of May 12th, as presented in writing
and the reading be dispensed with. Roll call: All ayes
4. Proclamation
Mayor Nawrocki read a proclamation officially proclaiming the beginning of summer
programs at the Library and Columbia Heights as a "City of Readers". The procla-
mation was presented to the Chairperson of the Library Board.
4a. Oral Petitions
There were no oral petitions.
5. Ordinances and Resolutions
Second Reading of Ordinance No. 1125 Regarding Certain Group W A~tivlties
~ City Manager briefly reviewed the ordinance and noted that ~he changes contained
in the ordinance resulted from extensive negotiation. The City's legal counsel on
cable matters said there had been no new changes in the ordinance since the first
reading.
Motion by Petkoff, second by Carlson to waive the reading of the ordinance there
being ample copies available to the public. Roll call: All ayes
ORDINANCE NO. 1125
ORDINANCE AMENDING ORDINANCE NO. 853 ESTABLISHING CONDITIONS FOR THE RELEASE
:~ND/OR REDUCTION OF CERTAIN BONDS; DEFERRING THE PROVISIONS OF CERTAIN BONDS;
:~UTHORIZING THE CONSOLIDATION OF CERTAIN GROUP W ADMINISTRATIVE FUNCTIONS.
'rHE CITY OF COLUMBIA HEIGHTS, MINNESOTA DOES ORDAIN:
SECTION 1. That Artlcle 1, Section 5, Subdivision i, of said Ordinance be amended
to read as follows:
i1.105(I) System Design
'The Grantee shall provide a system serviced by a headend in the City of Roseville
feeding a slngle-cable subscriber network and a separate mld-spllt institutlonal
network. Both networks shall utilize 400 MHz equipment, fully activated for two-
wav~ransmisslon.
Th~tension from the headend in Roseville shall utilize feed-forward FM tech-
nology. The extension shall consist of not more than twenty-eight (28) amplifiers
spaced at twenty-two decibals (22db).
The headend used to service City shall be constructed, operated and maintained with
the followlng equipment:
Regular Council Meeting
May 27, 1986
page 2
Scientific - Atlantic Model
Scientific - Atlantic Model
Scientific ~ Atlantic Model
RCA CTM20 Model Modulators
90-0400
6650 Video Receivers
6350 Modulators
6150 and 6150 PL Signal Processors
Texcan Standby Power Supply Model 90-0300 and Mc~:lel
ection 2: That Article 1, Section 5, Subdivision 2, of said Ordinance be amended
:o read as follows:
1.105(2) The Grantee shall design and construct the system so that at least the
ollowing locations may originate and transmit video, audio and data signals on
)ny subscriber or institutional network: the fire and police station, the Colum-
)ia Heights Public Library, the fire department training classroom, all public
)nd private elementary and secondary school buildings, the Department of Public
Works, the Columbia Heights City Hall, Parkvlew Villa, Murzyn Mall, Nuset Park
Bandshell, High School Stadium, Columbia Heights Municipal Service Center, Munici-
pal Liquor Stores within the City, Columbia Heights' city park activity centers,
community centers and other locations as may be designated by the City. Grantee
further agrees to include North Park Elementary School in the institutional new-
~ork at such time as allowed by'law.
Ali locations mentioned shall each receive a modulator at no cost, except that
the municipal liquor bar and park activity centers shall share the use of two
modulators.
Grantee shall provide a separate 16 mile institutional network, with 38 activated
downstrean channels and 16 activated upstream channels for use by city government,
schools and other local Columbia Heights institutions and businesses. Locations of
the institutional network facilities are shown on "Institutional Network Faci-
lities Locations" listing which is attached hereto as Exhibit A and incorlx)rated
by reference.
The Grantee shall, at its own expense, be responsible for maintaining, repairing,
replacing, and adjusting the institutional network and all necessary equipment
including, but not limited to, modulators and processors.
The Grantee shall extend the instituional network to institutions or users eot
described above upon request of that institution or user and the payment of the
necessary construction cost. Necessary construction cost is defined as Including
1ant make ready and all labor and material costs necessary to construct and activate
that part of the institutional network commencing at the nearest useable point of
existing plant and running to the user. Construction shall be completed and service
made available to the requesting institution or user within sixty (6Q) days of the
institution's or user's payment of the necessary construction cost, unless the
parties otherwise agree on a different schedule.
Section 3: That Article 1, Section 5, Subdivlsion 15, of said Ordinance be amended
to read as follows:
11.105(15) Emergency Override
The Grantee shall provide an audio and video emergency alert override system in-
cluding the provision of equipment to the official or officials designated by the
City to activate the system.
Grantee shall provide at no additional cost to subscriber an audio or visual alarm
unit which will alert subscribers to an emergency situation whether or not the
television set is turned on.
Grantee shall work and cooperate on a continuing basis with City and its designees
to ensure that the audio and video emergency alert override system is operating to
the reasonable satisfaction of City.
Section 4. That Article 1, Section 7 of said Ordinance for Access Progran~nlng
Regular Council Meeting
May 27, 1986
page 3
kcc~O~ Minimum Facilities
'he Grantee shall make make readily available for public use at least the minimal
quipment necessary for the production of programming and playback of prerecorded.
programs for the specifically designated noncommercial public access channe). The
Grantee shall also make readily available, upon need being shown, the minimum equip-
~ent necessary to make it possible to record programs at remote locations with battery
operated portable equipment. Need be determined by subscriber petition. The petition
~ust contain the signatures of at least 10 percent of the subscribers of the system,
but in no case more than 500 nor fewer than 100 signatures.
The Grantee shall make available to access users the two-camera color studio with
editing facility, the two-camera color van and the master control as described
in Section 11.106(11(A) at times determined in the operating rules to be developed
by the Grantee and the City or its designate. In addition, Grantee shall provide
two portable VTR/cameras, and an audio studio for access use. These facilities
will be supplied with equipment shown in the Grantee's letter of 9/28/81 and
accompanying 15 pages specifying local program production equipment and facilities,
a copy of which is attached hereto as Exhibit G. The total capital inva~ement
for the portable VTR/cameras and audio studio shall be a minimum of $27,700 In
Year 1. Capital for access and local origination equipment replacement In Year I0
shall be a minimum of $118,000. Maintenance budgets for access and local origi-
nation equipment shall be a minimum of $5,000 in Year 1, $7,000 In Year 3, $8,000
in Year 5 and $13,000 in Year 10.
Notwithstanding anything to the contrary, Grantee shall be responsible, at its own
expense, for maintaining, repairing, adjusting, and replacing all public, educa-
ti~m~, and governmental access equipment provided by Grantee. Grantee is hereby
read'ed of the requirement to have a mobile production van exclusively for access
users in the City. A mobile production van shall be available, however, for public
access users upon thirty (301 days advance written request. In lieu of the mobile
production van, Grantee shall make available by June 1, 1986 one (I) 2-camera
switcher for use by public access users. The switcher shall be capable, at a mini-
mum, of handling two (2) cameras. Grantee and City shall review the availability
of a mobile production van, similar to that specified in the Code, on an annual
basis to determine whether the need exists for a mobile production van dedicated
exclusively for public access use. Grantee shall abide by the decision of the City.
Section 5. That Article 1, Section 6 of said Ordinance be amended to read as follows:
11.106 System Services
The Grantee shall provide as a minimum those services proposed In Grantee's ap-
plication, as shown in the "Summary of Services as Allocated to Channels" which
is attached hereto as Exhibit D; and "Summary of F.M. and Audio Servlces' which
is attached hereto as Exhibit E and incorporated by reference.
Notwithstanding the preceding provision, any vacant channels or underutillzed
channels shall be programmed with available non-duplicated audio-video satelllte
programming selected at the sole discretion of Grantee. For the purpose of this
paragraph, underutillzed channels means those channels without programming for
eighteen (181 or more hours a day, seven (7) days a week, other than public, educa-
tional or governmental access channels. One-half of these channels shall be pro-
gra.~mmed with available non-duplicated audio-video satel!ite programming on or
bede the effective date of this Ordinance. The remaining channels shall be
firmed with non-duplicated audio-video programming at the time of acceptance
of this Ordinance.
Section 6. That Article 1, Section 8 of said Ordinance be amended to read as
follows:
Regular Council Meeting
May 27, 1986
page 4
!1.108 Interactive Services
The Grantee shall offer subscribers a home security system Including fire detection
and medical alert options. The security system must be designed to operate so that
the first signal is sent to an intermediary who will verify that the alert Is a true
emergency prior to notifying the appropriate emer9encY service.
The Grantee will provide at system activation a full-channel videotext Infor-
mation retrieval service, equipment for subscribers to send data messages to
the system and for interactive education.
Notwithstanding anything to the contrary, the requirement to immediately provide
the above-described interactive services is temporarily deferred subject to the
following:
(Al Grantee shall, as part of the annual report, report in writing the current
technical feasibility and financial reasonableness of the interactive services
set forth in the Cable Communications Code, but not currently made available
to subscribers; and
(Bi Grantee shall, in the event Grantee or any parent, subsidiary, related
corporation, affiliated corporation, partner or joint venture of Grantee,
its parent or any of its subsidiaries makes available any interactive
service to subscribers of a System in Minnesota, report in writlng within
sixty (60) days of the provision of such service the current technical
feasibility and financial reasonableness of the Interactive services set
forth in the Cable Communications Code but not currently made available
to subscribers; and
(C) Grantee shall, within sixty (60) days of achieving a forty-five percent
(45%) Basic Service, as defined herein, penetration, report in writing,
the current technical feasibility and financial reasonableness of the
interactive services set forth in the Cable Communications Code but not
currently made available to subscribers.
At any review session described in paragraphs (Al (Bi or (C) above, Grantee shall
bear the burden of establishing, to the satisfaction of City, that the provision
on interactive services is not technically feasible or financially reasonable.
Should Grantee fail to establish, to the sole satisfaction of the City at any such
review session, that the provision of interactive services in not technically
feasible or financially reasonable, the City may request Grantee to provide such
services within sixty (60) days and Grantee shall comply with any such request.
The sixty {60) days may be extended by the City upon a reasonable showing of need
by Grantee.
If this section or any of its subsections are deemed inenforceable under federal
or state law or the implementation of its requirements are deemed Illegal or un-
enforceable under federal or state law, then, to that extent, this Section will
be of no effect and the pertinent provisions of the Cable Communications Code as
it existed immediately prior to the enactment of this Ordinance Amendment is auto-
matically reconstituted and shall be of full force and effect.
Section 7. That said Ordinance be amended by adding an Article i, Section 9, Sub-
division 4 reading as follows:
11.109(4) Non-Regulated Rates
Prior to implementing any rate increases for any service not subject to local
rate regulation, other than pay-per-channel or pay-per-view channels, Grantee
shall give the following notice:
Regular Council Meeting
May 27, 1986
page 5
(A.~At least sixty (60) days advance written notice to City together with such
~supporting documentation as Grantee in its sole discretion determines ap-
propriate;
(B) At least thlrty (30) days advance written notice to subscribers of that
service, and
(C) Carriage of an announcement of the rate increase on one channel twenty four
(24) hours a day for seven (7) consecutive days. This announcement may be
in the form of a crawl across a portion of the television picture.
;ectlon 8. That Article 1, Section 13, Subdivision 4, of said Ordinance be amended
to read as follows:
11.113(4) Bonds
(Al At the time the franchise becomes effective, the Grantee shall file wlth the
City Manager, and shall maintain during the construction period of the System,
and untll Grantee has liquidated all of its obligations with the City, the
following bonds:
(I) A labor and material payment bond In the sum of $1,000,000, guaranteeing
payment by the Grantee of claims, 1lens and taxes due to the City which
arise by reason of the construction, operation or maintenance of the Cable
Communications System. A falthful performance bond runnlng to the Clty In
the penal sum of $1,000,O00 conditioned upon the faithful performance of
Grantee of all of the terms and conditions of the ordinance and upon the
further condition that, in the event the Grantee shall fall to comply with
any law, ordinance, rule or regulation governing thls franchise, there shall
be recoverable jointly and severally from the principal and surety of the bond
any damage or loss suffered by the City as a result, Including the full amount
of any compensation, indemnification or cost of removal or abandonment of pro-
perty of the Grantee, plus costs and reasonable attorney's fees up to the
full amount of the bond. The rights reserved by the City with respect to
the bond are in addition to all other rights the City may have under the
franchise or any other law.
Following the completlon of all construction contemplated by this franchise,
the City may require the Grantee to file with the City Manager and to main-
tain throughout the terms of this franchise, the bonds up to the amounts
listed below:
(1) A labor and material payment bond in the sum of $500,000 guaranteei'~g'payment
by the Grantee of claims, liens and taxes due to the City which arise by
reason of the construction, operation or maintenance of the Cable CommunicationS'
System.
(2) A faithful performance bond running to the City in the penal sum of $500,000
conditioned upon the faithful performance of the Grantee of all the terms
and conditions of the ordinance and upon the further conditlon that is
the event the Grantee shall fall to comply with any law, ordinance, rule or
regulation governing the franchise, there shall be recoverable jointly and
severally from the principal and surety of the bond any damage or loss suf-
fered by the City as a result, including the full amount of any ¢ompensatlon,
indemnification, or cost of removal and abandonment of property of the Grantee
plus costs and reasonable attorney's fees up to the full amount of the bond.
Regular Council Meeting
May 27, 1986
page 6
(El The rights reserved by the City with respect to the bond are In addition
to ali other rights the City may have under the franchise or any other law.
CD) The bonds shall be subject to the approval of the City and shall be in full
force and effect at ali times until the Grantee has liquidated ali of its
obligation with the City.
(El The bonds shall contain the following endorsement: "It Is hereby understood
and agreed that this bond may not be cancelled until 120 days after receipt
by the City Manager, by registered mall, return receipt requested, of &
written notice of intent to cancel or not to renew."
(Fl Upon the completion of construction pursuant to Section 14 hereof the Grantee '
may:
(1) Extinguish the labor and material payment bond described in paragraph
(Bi(l) above; and
(2) Reduce the faithful performance bond described in paragraph (Bi(2) above
to the penal sum of $100,000.
CTION 9. That Article i, Section 14 of sald Ordinance be amended to read as follows:
.114 Interruption of Servi'ce and Complaint Procedure.
(Al The Grantee shall put, keep and maintaln all parts of the System In good con-
dition throughout the term of the franchlse. Service to subscribers shall not
be shut off or interrupted by Grantee except when necessary, and then only
during periods of minimum use of the System. Unless such Interruption is
unforeseen or immediately necessary, Grantee shall give 4B hours notice thereof
to affected subscribers. All costs incurred in repalring system shall be borne
by Grantee. If service is interrupted for more than 24 hours, subscriber shell
be credited on a pro rata basis for such interruptlon. In all cases, the cause
of interruption of service shall be removed and remedied by Grantee as promptly
as possible.
(Bi Grantee shall maintaln an office in the City, or other location as ipproved by
the City Council, which shall be open during normal business hours and in no
event less than from 9:00 a.m. - 5:00 p.m. Monday - Frlday exclusive of legal
holidays. Further, said office shall have a publlcly listed local telephone
and shall be so operated to receive complalnts and requests for repairs or
adjustments on a twenty-four (24) hour a day basis, seven (7) days per week.
This office shall have sufficient telephone service to permit subscribers
to communicate with Grantee without excessive delay. Notwithstanding any-
thing to the contrary, Grantee shall malntaln customer service hours from
9:00 a.m. to 9:00 p.m. for telephone inquirles. The use of an answerlnq machine
answering servlce or similar instrument shall not meet the requirements of
the preceeding sentence. Notice of this information shall be provlded to
all new subscribers at the time of subscription and to existing subscribers
annually.
CC) All complaints by City, subscribers, or other persons regardlng the quallty
of service, equipment malfunction, billlng disputes, and any other matters
relative to the system shall be investigated and responded to by a service
representative of Grantee wlthin 24 hours. If the complalntant Is not satis-
fied by the action taken by the Grantee, the complalntant shall file a com-
plaint with the City Council or its designate. Grantee must provide the City
Council or its designate with a statement of the action taken to resolve the
complaint and/or to preclude any recurrence of the complalnt. The City Councll
or its designate shall cooperate wlth the company in rectlfylng the complalnt.
Regular Council Meeting
May 27, 1986
page 7
rantee shall employ repair technicians capable of responding to and resolvlng
equests for repair service within 24 hours following receipt of the subscriber
complaint or request for repair service. Request for repairs or adjustments
received prior to 2:00 p.m. shall be responded to the same day. In no event
shall the reponse time for calls received after 2:00 p.m. exceed 24 hours.
Service shall be restored as promptly as possible, and In all cases within
three calendar days from receipt of the request for repair service. The cost
of repair service maintenance of the system shall be borne by Grantee. If
service is not restored wlthln 2q hours, the subscriber shall be credited on
a pro rate basis for such loss of service.
(El Grantee shall prepare and maintain a record of all complaints made to Grantee.
This record shall indicate the nature of each complalnt, the date and time of
receipt, the disposition of said complaint and the time and date thereof. This
record shall be made available for inspection upon request by the City.
(Fi Grantee shall maintain the system as set forth in Form 1, pages 30 - 30f of
its proposal submitted May 6, 1981, and shall handle service complaints as
set forth in Form I, pages 31 - 3lb of its proposal submitted May 6, 1981.
;£CTION 10. That Article I, Section 15, Subdivision (D) of said Ordinance be
~mended to read as follows:
iI.115(D) Annual Reports
(1) Grantee shall file with the City Manager a certified annual report, on or
before March 31 in each calendar year for the preceeding calendar year ending
ecember 31. The annual report shall include the following:
(al A statement summarizing the previous year's activities in development of
the system, including services commenced and terminated, and subscribers
gained or lost;
(bi A financial statement including a statement of income, revenues, operating
expenses, va)ua of plant, annual capital expenditures, depreciation schedule,
interest paid, taxes paid, balance sheet and a statement of 'sources and uses
of funds certified by an officer of Grantee and in a format approved by City.
Such format shall be in the same format as any pro formas submitted by the
Grantee.
(c)A current statement of cost of construction by component category;
(d) A statement of construction planned for next year;
(el A statement regarding complaints, identifying the number, nature and
disposition;
(fi A current list of the names and addresses of each officer and director
of Grantee;
(gl A statement of current b(~lling practices;
(hi A current copy of rules of Grantee;
(ii A current copy of the subscribers service of Contract of Grantee;
Regular Council Meeting
May 27, 1986
page 8
(j) Results of system performance tests, Including a descriptive narrative,
conducted within the previous one hundred and twenty (120) days for the
purpose of verifying technical standards set forth at Section 13 hereof
at such sites as were used to determine completlon of construction pur-
suant to Section 15 hereof. In the event the technical standards of Section
13 hereof were not met, Grantee shall further report in writing what steps
are being taken to meet said standards. A representative of City may, upon
request of City, accompany Grantee at the time such tests or repeat tests
are conducted.
(k) Results of the Annual Subscriber Survey.
(1) A marketing plan, including specific goals and projections, together with
a reconciliation of projections and actual results from the previous year.
CTION 11. That Article 1, Section 15, Subdivision (El of said Ordinance be
~ended to read as follows:
.llS(E) Location and Availability of Books and Records of Grantee
(1) The Grantee shall maintain an office In the City or other locations as approved
by the City, for so long as it continues to operate the system or any portion
thereof and hereby designates that office as the place where all notices, direc-
tions, orders and requests may be served or delivered under the franchise.
(2) The requirement in paragraph one (1) above shall be temporarily deferred In
order to allow Grantee to consolidate the following operations with the cable
television system serving the North Suburban Cable Service Territory:
Plant manager, technicians, marketing, administration, prograrmning
All access employees shall remain at the Columbia Heights public access studio.
(3) The consolidation described in (2) above shall be reviewed by City upon the
happening of any one or more of the following:
(al Grantee achieving a forty-five percent (45t) Basic Service penetration; or
(bi The third anniversary of this Ordinance amendment; or
(6) System-wide outages exceeding twenty-four (24) hours per any twelve (12)
month period as determined by City.
(4) At any review session described in paragraph (3) above, Grantee shall bear the
burden of establishing to the satisfaction of City that the consolidation des-
cribed in paragraph (2) above is still necessary and appropriate.
{5) As a result of any review session described above, City may, at its sole
discretion, request a termination of the consolidation or a modification to
the consolidation and Grantee shall comply with any such request Including
any reasonable time requirements established by City.
(6) The common costs due to the above-described consolldatlon shall be allocated
to City in an amount which bears the same ration to all the common costs of
consolidatlon as the number of subscribers, plant mileage or homes passed in
the City bears to the total number of subscribers, plant mlles or homes passed
in all of the systems participating in the consolidation. All costs that can
be specifically identified wi11 be allocated specifically to City.
Regular Council Meeting
May 27, 1986
page 9
thls section or any of Its subscribers are deemed unenforceable under
federal or state law or the implementation of Its requirements are deemed
illegal or unenforceable under federal or state law, then, to that extent,
this Section will be of no effect and the pertinent provlslons of the Cable
Communications Code as it existed in~nedlately prior to the enactment of thl$
Ordinance Amendment Is automatically reconstituted and shall be in full force
and effect.
(al The Grantee shall keep complete and accurate books of account and records
of its business and operations under and In connection with the franchise
in accordance with normal and accepted bookkeeping and accounting prac-
tices for the Cable Communications Industry, and allow for Inspection
times at designated offices. The books and records to be maintained by
Grantee shall include:
(1) A record of all requests for service;
(2) A record of ail subscriber or other complaints, action taken by
Grantee, and the disposition thereof:
(3) A file of all subscriber contracts:
(4) Grantee policies, procedures, and company rules; and
(5) Financial records.
(bi
The City or any other person designated by the City Council, shall have
access to all books of account and records of the Grantee for the pur-
pose of ascertaining the correctness of.any and all reports, and shall
have authority to audit the Grantee's accounting and financial records
upon 24 hour notice. The Council may examine the Grantee's officers and
employees, under oath, in respect thereto.
Any false entry in the books of account or records of the Grantee or false
statement in the reports required to be filed by the Grantee shall consti-
tute a breach of material provision of the franchise.
;£CTION 12. That Article 1, Section 16, of said Ordinance be amended to read as
follows:
1.116 Testin~
'he Grantee shall provide a minimum operational standard as indicated below:
(al
The system shall deliver to the subscribers" terminal, a slgnal that Is
capable of producing a picture, without visual material degradation in
quallty.
(si
The system shall transmit or distribute signals without causing objectionable
cross modulatlon within the cables or interfacing with other electrical or
electronic networks or with the reception of other televlslon or radio receivers
in the area not connected to the network.
(C) Grantee shall construct, operate and maintain the system so as to meet the
followlng standards at the furthest subscriber:
Carrier to noise
Composite trible beat
Cross modulation
q3.81 db.
-55.0 db.
-55.3 db.
The standards set forth above shall apply and be measured at the converter output.
Regular Council Meeting
May 27, 1986
page IO
(D) Grantee shall provide all technical employees with a minimum of forty (40)
hours of technical staff training per year.
(El The Grantee shall be responsible to abate all interference arising from Inter-
fering signals of less than 5 volts per meter.
(Fl
The Grantee shall be responsible for providing special testing of the system
as required by the City. Cost for such special testing shall be the responsibility
of the Grantee.
(Gl Results of any tests required by the GCC shall be filed within ]O days of the
conduction of such tests with the City and the Board.
(Hi
Grantee agrees that the technical standards set forth at paragraph (C) above have
been freely offered by Grantee and Grantee or any parent, subsidiary, related
corporation, partner or joint venture of Grantee, its parents or any of Its
subsidiaries will not assert and will oppose any assertion that the technical
standards set forth in paragraph (C) above are not enforceable under federal,
state or local law.
.ECTION 13. That said Ordinance be amended by adding Article 1, Section 17, Sub-
ivision (10} reading as follows:
!.117(10) Annual Subscriber Survey
(Al
Commencing in 1987 and annually thereafter, Grantee shall, no earlier than
ninety {90) days and no later than thirty (30) days prior to submitting its
written annual report conduct a survey of the programming preferences and
service satisfaction of all subscribers.
(Bi Each questionnaire shall be prepared and conducted so as to provide reliable
measurements of subscriber preferences for:
(1) Programming offered by Grantee at the time the poll ls conducted;
(2) Programming generally available to cable subscribers nationally but
not offered by Grantee at the time the poll is conducted; and
(3) General subscriber satisfaction or dissatisfaction with the maintenance
and complaint practices of Grantee.
(c)
The survey documents shall be prepared and conducted in conformity with such
requirements, including supervision and review of returned surveys, as the City
may prescribe.
(0)
Grantee shall report the results of the survey in writing as part of its
annual report and report what steps Grantee is taking to implement the findings
of the survey.
;ECTION 14. That said Ordinance be amended by adding an Article I, Section 17, Sub-
division (11) reading as follows:
.117(10) Completion of Construction
such time as Grantee has accomplished all construction, upgrading and adjustments
mtemplated by this Ordinance, Grantee shall so notify the City. Upon receipt of such
otice the City shall have ninety (90) days to receive a written report from an lade-
endear engineer, provided, however, if the City fails to receive such a written report
ithin the ninety (90) days the system construction shall be deemed completed. Iff the
Reg~'lar Council Meeting '
May 27, 1986
page 11
an independent engineer is retained by City, system construction shall be deemed
,mpl~mi~d on the date on which the Independent engineer reports positive confirmation
' tt,l~ollowing:
(Al Verification of headend equipment and system extension equipment es required
herein.
Satisfactory test results using the technical standards set forth herein et
up to twelve (12) widely separated subscriber locations selected by.the
independent engineer and using the followlng tests:
1. Signal level
2. Hum
3. Bandpass response of system
~. Carrier to noise of system
5. Picture disparities at subscriber location and headend.
6. TASO picture quality
(C) Verification that the emergency alert system is working to the reasonable
satisfaction of the City; and
Compliance with all applicable codes and standards.
Grantee designated engineer may accompany the independent engineer in the inspection
nd evaluation. In the event that any of the tests are not Immediately satisfactory,
:he independent engineer shall orally and at the same time so Inform the Grantee
ingine~r and the Grantee engineer shall have twenty four (2q) hours in which to correct
he/iciency. If the deflc;ency is corrected within twenty four (2q) hours, the
ubsE1riber location in question shall be promptly retested. Such new test results with
aspect to such subscriber location shall be reflected In the report of the independent
~ngineer.
rhe cost of the independent engineer and subsequent testing shall be borne equally
~y Grantee and City, provided, however, that if subsequent testing is necessary beyond
:he retesting described above, Grantee shall be responsible for the cost of that
subsequent testing.
~SECTION 15. Thls ordinance shall be in full force and effect thirty one (31) days
after its passage provided Grantee accepts this ordinance, in form and substance
acceptable to City, within thirty (30) days of passage. Upon acceptance, Grantee
shall be bound by all of the terms and conditlons contained herein.
SECTION 16. With Its accpetance, Grantee shall also deliver to City true and correct
copies of documents creating Grantee and evldenclng the power and authority of that
officer or officers accepting on behalf of Grantee.
SECTION 17. With its acceptance, Grantee shall also dellver to City a certificate
or affidavit acknowledQed by a notary of public that the programming requirements
set forth in Section h hereof have been complied with.
First Reading: May 12, 1986
~cond reading and public hearing Is scheduled for May 27, 1986.
Gary Metz, legal counsel to the City for cable matters, advised the Council that
stock transfer documents are expected to be at City Hall on May 13th. These docu-
ments would include a management agreement, list of the stock buyers and · cover
letter from Metz summarizing the documents.
Regular Council Meeting
May 27, 1986
page 12
b. Resolution No. 86-38; Resolution Approving the Change in Control of Ownership
of Group W Cable, Inc.
The deadline for the purchase of the stock of Group W is July 15, 1986. Gary Matz,
legal counsel to the City on cable matters, reviewed all of the exhibits attached
to this resolution. He noted that this item is scheduled for discussion at the
Hilltop Council meeting on June 2nd. Discussion followed regarding the transfer of
stock being addressed with this transaction and that the transfer of assets and
liabilities being addressed in the next transaction.
Motion by Carlson, second by Paulson to waive the reading of the resolution there
bein§ ample copies available to the public. Roll call: All ayes
RESOLUTION NO. 86-38
CITY OF COLUMBIA HEIGHTS, MINNESOTA
RESOLUTION APPROVING THE CHANGE IN CONTROL OF OWNERSHIP OF GROUP W CABLE, INC.
WHEREAS, Group W Cable, Inc., a New York corporation (hereinafter "Group W Cable"),
through Group W Cable of Columbia Heights/Hilltop, Inc., a majority-owned subsidiary
(hereinafter "Subsidiary"), owns, operates and maintains a cab)e television system
(hereinafter "System") in the City pursuant to a franchise, as amended, issued by
the City;
WHEREAS, Group W Cable's parent corporation, Westinghouse Broadcasting and Cable,
Inc., an Indiana corporation (hereinafter "Westinghouse"), desires to sell and
otherwise transfer all of the issued and outstanding shares of the capital stock
of Group W Cable to the following (and to certain affiliates, subsidiaries or
partnerships of the following), referred to individually as a "Buyer" and col-
lectively as the "Buyers", said request is attached hereto as Exhibit 1, and
thereby transfer control of Group W Cable to the Buyers:
Century Southwest Cable Television, Inc., a Delaware Corporation;
TCI Holdings, Inc., a Colorado Corporation;
American Television and Communications Corporation, a Delaware Corporation;
Comcast Corporation, a Pennsylvania Corporation;
Daniels & Associates, Inc., a Delaware Corporation.
WHEREAS, buyers presently intend to cause Group W Cable to transfer control of the
Subsidiary and/or assign the System to North Central Cable Con~nunications, L.P., a
Minnesota limited partnership (hereinafter "North CentralTM) as soon as practicable
in a subsequent transaction or transactions;
WHEREAS, the City has been requested by Group W Cable to consider consent to the
change of control and ownership of Group W Cable separate and apart from any sub-
sequent transactions and such request dated April 17, 1986, is attached hereto as
Exhibit ll;
WHEREAS, North Central has joined in Group W Cable's request that the City's approval
of the transactions be considered in separate steps and such request was made in
Regular Council Meeting
May 27, 1986
page 13
letter dated May 7, 1986, attached hereto as Exhibit 111;
WHEREAS, Group W Cable and North Central have acknowledged and represented that the
City's separate consideration and any ultimate consent of the first transaction shall
in no way be construed, interpreted or viewed as consideration or consent to any sub-
sequent transactions:
WHEREAS, the Buyers have joined in the aforementioned request and Buyers have ack-
nowledged and agreed that the City's consideration and approval of this transaction
will not be construed, interpreted or viewed as consideration or consent to any sub-
sequent transaction nor will consideration of this transaction bind the City in any
manner with respect to any subsequent transaction and such representation iS attached
hereto as Exhibit IV:
WHEREAS, Group W Cable, Inc., has agreed in a letter dated May 1, 1986, attached
hereto as Exhibit V, to indemnify, pay for the defense and hold harmless the City
and actively opposed any claim by North Central for any parent, subsidiary, related
corporation, partner or joint venture of North Central or any of its principals,
owners, or agents that the City's consideration or consent to the first transact)on
in any way obviates the necessity for separate and independent consideration of sub-
sequent transactions;
WHEREAS, the Buyers have acknowledged and agreed that their acquisition of Control
of Group W Cable, Inc,, shall in no way abrogate or otherwise diminish .that Guaranty
iven December 11, 1981, by Group W Cable, Inc, (formerly Teleprompter Corporation),
attached hereto as Exhibit VI;
WHEREAS, the Buyers have represented to the City that until distribution by Group W
of the System to the ultimate transferee, the System will be managed by, and be under
the operating control of, North Central pursuant to a management agreement in generally
the form attached hereto as Exhibit VII;
WHEREAS, the City has conducted a public hearing that afforded reasonable notice and
a reasonable opportunity to be heard; and
WHEREAS, the City has considered the legal, technical and financial qualifications
of the Buyers and found such qualifications to be adequate to own and operate Group
W Cable, Inc.
NOW, THEREFORE, BE IT RESOLVED, by the Oity as foltows~
I. The City hereby consents to and approves the change in control of ownership of
Group W Cable, Inc., from Westinghouse to Buyers subject to the closing of the
purchase of Group W stock by the Buyers on or before July 15, 1986, and on the
following terms and conditions.
2. The City's approval of the change in control of the ownership of Group W Cable
shall not be construed, interpreted or viewed as consideration or consent, either
express or implied, as to any subsequent transactions.
The approval contained herein shall be null and void and of no effect upon the
City making an affirmative finding of any one or more of the following:
Regular Council Meeting
May 27, 1986
page 14
A. The failure of Westinghouse and Buyers to close on the purchase of Group W
stock on or before July 15, 1986;
B. The failure of Group W Cable to reimburse the City in full for all expenses
reasonably incurred by the City during and as a direct consequence of this
transaction and any subsequent transactions involving a change in control
or ownership of the System:
C. The assertion by Group W Cable, any Buyer or the Buyers that the City's ap-
proval of this transaction is to be construed, interpreted or viewed as
consideration or consent to any subsequent transaction;
D. The failure of Group W Cable to indemnify, pay for the defense and hold
harmless the City and actively oppose in any proceeding any claim by North
Central as set forth in Exhibit V;
E. The assertion by any Buyer, the Buyers or Group W Cable that the acquisition
of control of Group W Cable, Inc., by the Buyers in any abrogates or other-
wise diminishes that Guaranty attached hereto as Exhibit VI; and
F. The failure of Group W Cable to maintain on file with the City that management
agreement between Group W Cable and North Central whereby the System will be
· managed by, and be under the operating control of, North Central until dist-
ribution by Group W Cable of the System.
Passed and adopted this 27th day of May, 1986.
Offered by: Carlson
Seconded by: Peterson
Roll call: All ayes
ATTEST:
By William J. Elrite
Its Finance Director/Treasurer
By Bruce G. Na'wrocki
Its Mayor
CERTIFICATION:
I hereby certify that the aforegoing resolution is a true and correct copy of the
resolution presented to and adopted by the City of Columbia Heights, at: a duly
authorized meeting thereof held on the 27th day of May, 1986, as shown by the
minutes of said meeting in my possession.
William J. Elrite, City Clerk
c. Resolution No. 86-39; Granting Authorization to Enter into an Agreement with the
Regional Transit Board for Para-Transit Assistance Service Funds
The City Manager noted that the City's share of the costs for this program have not
increased.
Motion by Peterson, second by Carlson to waive the reading of the resolution there
being ample copies available to the public. Roll call: All ayes
"Reguiar Council Meeting
May 27, 1986
page 15
RESOLUTION NO. 86-39
RESOLUTION OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA, GRANTING AUTHORIZATION TO ENTER
INTO AN AGREEMENT WITH THE REGIONAL TRANSIT BOARD FOR PARA-TRANSIT ASSISTANCE SERVICE
FUNDS
WHEREAS, the City of Columbia Heights has been operating a para-transit program called
SHARED RIDE since December l, 1978, with para-transit assistance funds from the Min-
nesota Department of Transporatation; and,
WHEREAS, in February of 1986, the Regional Transit Board assumed responsibility for
the transit programs in the seven-county metropolitan area that had previously been
administered by the Minnesota Department of Transportation.
NOW, THEREFORE, BE IT RESOLVED that the City of Columbia Heights enter into an agre-
ement with the Regional Transit Board, to provide a public transportation service in
the City of Columbia Heights and certain points outside of the city limits for fiscal
year 1987; and,
BE IT FURTHER RESOLVED that the City of Columbia Heights agrees to provide 40 percent
of the total operating cost of the transit project from local funds, not to exceed
$10,OOO from the General Fund in fiscal year 1987; and,
BE IT FURTHER RESOLVED that authorization to execute the 1987 aforementioned agreement
is hereby given to the Mayor and City Manager; and,
IT FURTHER RESOLVED that the City Manager and Administrative Assistant to the City
Manager are hereby authorized to execute requests for reimbursements from the Regional
Transit Board.
Passed this 27th day of May, 1986.
Offered by: Peterson
Seconded by: Carlson
Roll call: All ayes
Bruce G. Nawrocki, Mayor
Jo-Anne Student, Council Secretary
CERTIFICATION:
I hereby certify that the aforegoing resolution is a true and correct copy of the
resolution presented to and adopted by the City Council of the City of Columbia Heights
at a duly authorized meeting thereof held on the 27th day of May, 1986, as shown by the
minutes of said meeting in my possession.
William J. Eirite, City Clerk
Regular Council Meeting
May 27, 1986
page 16
6. Communications
a. Appeal of City Council's Decision on May 12, 1986 Regarding a Request for a Six
Foot Privacy Fence at 1332 45½ Avenue
The resident at 1332 45½ Avenue, Cheryl Rehnelt, was unable to attend the May 12th
Council meeting and requested this matter be addressed again so she may speak to it
in person. She also had written a letter to the Mayor and members of the Council
regarding her reasons for making the request. Discussion followed concerning the
placement of the fence and movement of the fence presently on the property.
Motion by Peterson, second by Carlson to reconsider the action of the Council on
May 12th regarding the special purpose fence at 1332 45½ Avenue. Roll call: All ayes
Motion by Peterson, second by Petkoff to grant the request for a six foot high
alternating board privacy fence from a point at the rear of the house line to a point
at the front and to move the existing forty eight feet of chain link fence on the west
property line from the rear of the house along and inside the west property line to
the front property line. Roll call: all ayes
b. Class B Gambling License Application for the Jaycees at Huset Park in Conjunction
with the Fourth of duly Celebration
Motion by Petkoff, second by Carlson to authorize the issuance of a Class B gambling
license to the Columbia Heights Jaycees for sale of gambling devices in Huset Park
on conjunction with the City's duly Fourth Celebration dependent on the following
conditions:
1. That a plan be submitted indicating the location of pull-tab sales area within
Huset Park
2. That the Jaycees provide adequate rubbish receptacles at the sales area sites
and be responsible for cleaning the sales areas of discarded pull tabs.
Discussion followed regarding wages earned by those who sell puli tabs. The Council
was advised the wages were very nominal and the only regular salaried person involved
with the operation was the Gambling Chairman. Councilmember Carlson stated he had not
understood there would be any wages paid and that all of.the funds realized from the
sale of pull tabs would be used for the organization's activities in and for the
community.
Roll call: All ayes
c. Request of VFW Post #230 to Sell Pull Tabs at Huset Park in Conjunction with the
City's Fourth of July Celebration
Motion by Petkoff, second by Carlson that the City has no objection to the VFW Post
#230 exercising its license right for its annual off-premises one event sale'at
the Fourth of July Celebration at Huset Park subject to the following conditions:
1. That such authorization is being granted in conjunction with the licensed
organization's right to a one-day per year off-premises gambling activity
2. That a plan be submitted indicating the location of the pull-tab sales area
within Huset Park, and
3. That the VFW provide adequate rubbish receptables at the sales area site and
be responsible for cleaning the sales area of discarded pull tabs.
Roll call: All ayes
Regular Council Meeting
May 27, 1986
page 17
d. Petition for Public Improvement Hearing Regarding "Polluted, Standing Body of Water"
This petition addressed a water problem at the south end of 39th Avenue at Hayes Street.
The Mayor inquired where this water could be directed. The City Engineer advised the
Council it could perhaps be directed into the storm sewer near the intersection of 39th
Avenue and Hayes Street. He also advised the Council that there had been several public
hearings on this matter all of which had been held before he was on staff. The Mayor
requested this matter be prepared for a public hearing and inquired if it could be
attached to the contract presently being implemented in the City this summer. The City
Engineer stated it could and he would review the files on this matter. A resident of
this area stated that when 39th Avenue was put in drainage was not put in. He noted
that an easement through private property was required to install this drain pipe to
empty into Hart Lake and the property owner would not consent to the easement. He also
noted that there are many buildable lots in this area if the water level could be
addressed.
The circulator of the petition inquired what could be done about the water which is
presently standing on the lots. It was the consensus of the Council that the City
should pump this water out this time but that the staff should prepare the previous
history and recommendations for this problem. The petition was received and placed
on file by the Council.
7. Old and New Business
a. New Business
lrCOlumbia Heights Library - Purchase and Implementation of an Automated
culaton System
The'City Manager stated the two alternatives for funding this circulation system
as contained in the agenda material and verbally stated a third alternative. Mayor
Nawrocki expressed a concern with expenditures for the future needs and replacement
costs for some of the system's equipment.
Motion by Petkoff, second by Paulson to authorize the Mayor and City Manager to exe-
cute a joint powers agreement with the City of Anoka and Anoka County for the purchase
and implementation of an automated circulation system and that an alternative for fund-
ing will be chosen by the Library Board, Library Director and the City Manager. Roll
call: Ail ayes
2. Purchase of Engineering Services
Since there is a vacancy in the position of Assistant City Engineer the City Manager
is requesting authorization to retain an engineering firm to provide engineering con-
sulting services. Although the Council supports the concept there were no company
costs available. There was no action taken by the Council.
3. Fourth of duly Celebration
a. Award of Fireworks Bid
Motion by Carlson, second by Peterson to award the fireworks bid to Americana Fire-
works Display Company in the amount of $7,500 based on low, formal quotation, and
furthermore, that the Mayor and City Manager be authorized to execute an agreement
for same and that additional insurance coverage was secured. Roll call: All ayes
Recreation Director advised the Council of the funds being donated by the V.F.W.
#230 and by the Columbia Heights Lions Club.
Regular Council Meeting
May 27, 1986
page 18
b. Request for Street Closings-Fourth of July Celebration
Motion by Carlson, second by Petkoff to order the closing of the following
streets:
1. 39th Avenue, between Jefferson and Fifth Streets, from 7:30 to 11:O0 p.m~
and furthermore, that no parking be allowed on said streets from 1:OO to
ll:OO p.m..
2. Mill Street, between 40th Avenue and the east driveway of the Police Depart-
ment parking lot during the hours of t~e duly 4th Celebration, 4:00 p.m. to
10:00 p.m.
Roll call: All ayes
RECESS: 10:00 p.m.
RECONVENE: lO:lO p.m.
4. Petition for Street Light
A petitionhas been received from residents on 39th Avenue, between Johnson and
Buchanan Streets requesting a midblock street light. The residents have been ad-
vised by the Public Works Director as to the procedure for receiving a street light
and will prepare the information for a public hearing.
Motion by Paulson, second by Carlson to recognize the receipt of the petition from
property owners requesting a street light on 39th Avenue between Johnson and Bucha-
nan Streets and to authorize the City Manager to call for a public hearing. Roll
call: All ayes
5. Science, Technology and Energy Commission Member Resignation
A letter of resignation was received from Trudy Rider as a member of the Science,
Technology and Energy Commission. Mayor Nawrocki accepted the resignation with regret
noting that Ms. Ridder had been a member of the Commission since its inception
and has served the community very well.
6. Park Board Meeting of May 21st Report
The Park Board met with representatives of various clubs and organizations in the
City to discuss Murzyn Hall renovation and addition. A list of furnishings needed in
the Hall was distributed to those in attendance and it was discussed. The meeting
ended with a walk through of the Hall.
7. Council Work Session/Special Council Meeting
Motion by Peterson, second by Paulson to establish dune 16, 1986 as a Special Council
Meeting to be held at 6:15 p.m. in the City Council £hambers. This meeting will be
held to consider the award of bid for concrete work to be done in conjunction with
our 1986 concrete alley improvement projects. Roll call: All ayes
Thursday, May 29th was the date selected for a Council work session to discuss the
City's sign ordinance as well as other matters.
8. Recycling/Landfill Abatement Programs - Grant Application
The City Manager summarized all of the programs available. Mayor Nawrockl stated that
it would be more beneficial to commence the program selected in the summer rather than
in the fall or winter. Methods of implementing the program selected were discussed.
Motion by Petkoff, second by Paulson to waive the reading of the resolution there
being ample copies available to the public. Roll call: All ayes
RESOLUTION NO. 86-40
RESOLUTION OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA, GRANTING AUTHORIZATION TO
SUBMIT A GRANT APPLICATION AND REQUEST FOR FUNDING TO THE METROPOLITAN COUNCIL
UNDER THE GRANT INCENTIVE PROGRAM
Reguiar Council Meeting
May 27, 1986
page 19
T RESOLVED that the City of Columbia Heights will act as the sponsor and grantee
the landfill abatement project to be conducted by the City of Columbia Heights
during the period of July 1986 through June 1987. Robert S. Bocwinski, City Manager,
is hereby authorized to submit a grant applicatlon and request for funding of this
project to the Metropolitan Council and to execute such agreements and prepare docu-
ments as necessary to accept funds and implement the project on behalf of the Project
Sponsor.
This resolution certifies the following:
1. The project sponsor is an eligible applicant for the Incentive Grant Program.
2. The project will further the goals of the MetropolitanCouncil's Solid Waste
Management Development Guide/Policy Plan.
3. The project is in conformance with the approved 5olid Waste Management Master
Plan for the county in which the project will occur if the application is being
made by a city, county, or solid waste management district.
4. The project sponsor agrees to comply with all applicable laws relating to non-
discrimination and affirmative action.
5. The project sponsor will provide all local and state permits, licenses and auth-
orizations necessary for the implementation of the project.
6. The project sponsor is current in all tax obligations to local, state and federal
governments.
7. Acknowledgment will be made to the Council for its grant assistance on all promo-
tional materials, reports and publications relating to the project during the
grant period.
The project sponsor wi11 provide all documentation and reports required by the
i' Council during the grant period.
9. The application is complete and all information provided in the application is
true and accurate.
Passed this 27th day of May, 1986.
Offered by: Petkoff
Seconded by: Peterson
Roll call: Ali ayes
Mayor Bruce G. Nawrocki
Jo-Anne Student, Council Secretary
CERTIFICATION
I hereby certify that the aforegoing resolution is a true and correct copy of the
resolution presented to and adopted by the City Council of the City of Columbia
Heights, at a duly authorized meeting thereof held on the 27th day of May, 1986,
as shown by the minutes of said meeting in my possession.
William J. Elrite, City Clerk
9. Acquisition of Tax-F~rfeit Parcels - For Non-Public Purpose
Motion by Petkoff, second by Peterson to authorize the Mayor and City Manager to
submit an application to Anoka County for the conveyance of tax-forfeit properties
e' non-public purpose. The parcels are located on the east end of 44½ and 45th
nues. Roll call: All ayes
Regular Council Meeting
May 27, 1986
page 20
8. Reports
a. Report of the City Manager
This report was submitted in written form and all of the items contained therein were
discussed.
Mayor Nawrocki inquired what use has been made by the City of the community service
program of Anoka County. The City Manager advised that the Council will be receiving
a quarterly report on this matter.
b. Report of the City Attorney
The City Attorney referred to an item contained in the City Manager's report and noted
there may be a conflict of interest involved. The item was the League of Minnesota
Cities' response to insurance trust for municipalities.
He also noted that a claim submitted to the Illinois Insurance Change had been
arbitrarily refused.
The Public Works Director advised the Council that Anoka County has approved the
funding for the improvements in Hilltop II.
Part of the building inspections being done by firefighters was discussed. Mayor
Nawrocki advised the Council he had received information regarding the number of
staff members in the Building Inspections Department in Fridley and requested that
the City Manager check out this city's operation.
9. Licenses
Motion by Carlson, second by Paulson to approve the license as listed upon payment
of proper funds and that the fees for the Columbia Heights Hockey Association, the
Columbia Heights Recreation and Community Services Commission, the Columbia Heights
Hockey Backers and the Columbia Heights Boosters for itinerant food concessions be
waived. Roll call: All ayes
10. Payment of Bills
Motion by Carlson, second by Peterson to approve the bills as listed for payment
out of proper funds. Roll call: All ayes
Members of the Council received copies of the recent Science, Technology and Energy
Commission meeting. Councilmember Paulson noted that the Commission is requesting
the City Manager to attend the next meeting on June 17th. The Commission had dis-
cussed lead levels on Central and University Avenue and requested that the PCA be
contacted regarding doing a base line study of these levels. It was the consensus
of the Council that the PCA be contacted by the City Manager regarding information
that already may be on file regarding this information and what could be done by
the PCA to gather current pollution levels on these two streets. Councilmember
Carlson recalled when this item had been discussed previously there would be no
charge for a base line study if done by PCA. Councilmember Paulson stated when the
City Manager attends the next Commission meeting he would be asked how the Commi-
ssion could be more effective for the City and for a list of needs for techinical
advisors which the Commission could seek.
' keg~iar Council Meeting
May 27, 1986
page 21
:hase of Data Processing Software and Hardware
Council received two memos regarding the purchase of data processing equipment;
one from the City Manager and the other from the Finance Director, The City Mana-
ger's memo stated why the previous staff recommendation is being changed and the
reasons for the new recommendation, The Finance Director's memo contained comparisons
between four of the vendors who responded to the City's Request for Proposal and it
gave a brief profile of each of the companies,
The City Manager stated that the previously recommended company, CCSI, had not
indicated it's willingness to negotiate to the extent to where the City would
be receiving a favorable package, The Finance Director's observation that the
company being recommended, ComputoServ, would provide the best service in the
areas of ]aw enforcement and utility billing which are the areas most immediately
affecting the citizens of the City.
Mayor Nawrocki felt these two memos reflected little objectivity and questioned how
staff's position on negotiating with another company would be more successful than.jr
was with CCSl as it was also done on a non-competitive basis. He noted with.only one
vendor is being dealt with they do not have to be very negotiable.
Motion by Petkoff, second by Paulson to authorize the City Manager to negotiate the
purchase of data processing software and hardware from ComputoServ, Inc. of Mankato,
Minnesota; and furthermore, that a final proposed agreement for such purchase be
submitted to the City Council at its meeting of June 23, 1986.
Mayor Nawrocki questioned the legality of the motion as made. He noted that to deal
with one company some kind of finding must be made that the equipment that meets the
needs of the City are not avai]ab]e from any other source. He didn't fee] that the
Council had made that kind of finding in the motion as it was offered.
Jnci]member Pau]son felt this is a non-compet'itive situation given the uniqueness
)all of the different packages and that a]] of the software is different and that
some of the software programs are different.
The City Attorney suggested an amendment to the motion that will address this situation:
'"This motion is based upon a finding that all of the systems are unique and not similar
in their methods of operation". The suggested amendment was accepted by the maker and
seconder of the motion. The City Attorney stated that many areas reviewed by staff in
its comparisons of vendors would support or evidence of uniqueness and would support
a cha]]enge if there were one.
Councilmember Pau]son cited a Jori9 list of differences. The Mayor noted that the pay-
roi] package being offered by ComputoServ has not been put together at this time. The
Finance Director had been advised it will be rewritten in the fourth quarter of 1987
and will be comparable to that offered by CCSI.
The Mayor remained of the opinion that the Council still has not found a uniqueness
that justifies a sole source procurement and that the best way to meet staff needs
and community needs is to go out for competitive bids. A lengthy discussion followed
regarding uniqueness.
Subsititute motion by Nawrocki, second by Carlson that would call for staff to prepare
a set of bid specifications on equipment to meet the needs of the City in the line of
data processing equipment and those specifications be put out for competitive bidding.
Roll call on subsitute motion: Carlson, Nawrocki - aye Paulson, Petkoff, Peterson -
nay Substitute motion fails.
The Mayor again stated that no evidence was presented to show that the proposed
provider is the only source of equipment, hardware and software, that would probably
meet the needs of the City.
Regular Council Meeting
May 27, 1986
page 22
Roll call on motion as amended: Paulson, Petkoff, Peterson - aye Carlson, Nawrockl -
nay
Adjournment
Motion by Carlson, second by Peterson to adjourn the meeting at 12:45 a.m.. Roll
call: All ayes
Jo-Anne Student, Council-~Secretary
Mayor Bruce G. Nawrocki
MANAGER
CITY OF COLUMBIA HEIGHT~